|Election of Judges in
The qualifications of all candidates for judicial appointment shall be published for thirty days; the citizenry of the Commonwealth shall elect all judges; the term of Supreme Judicial Court and Appeals Court judges shall be five years, of Superior Court judges, three years, and District Court judges, two years. All terms shall be staggered so that no more than one-third of the judges will be replaced at each election.
The original applications, most of which have been heretofore been kept secret at the request of the foolish former governor Michael Dukakis and approved by the highest justices then sitting in Massachusetts, and qualifications of the sitting justices shall be published forthwith and confirmatory elections shall be scheduled within one year of the legislation becoming effective.
Absolute immunity for the judiciary shall no longer exist.
The scheme for accountability shall be established by a committee made up of one-third judges, one third litigators, and one-third citizens, followed by approval by referendum of the people.
To sit as a judge in any court, a candidate must have had a minimum of seven years' experience as a litigator. Half the judges shall be at all times from the plaintiff side of the Bar and half from the defense side of the Bar.
Judicial candidates shall be required to pass entry examinations of their knowledge of the Rules of Civil and Criminal Procedure and the Massachusetts Rules of Evidence. A passing score will be in the 90th percentile or above. Refresher courses shall be required from time to time as determined by a committee comprised of members of the judiciary, of the Bar, and the citizenry.
If an explicit rule or stare decisis is not followed by a judge, his or her reasons for not so doing shall be set forth in the decision of the court. An explanation for the action taken on any motion shall be required. A one-word allowance or denial of a motion shall be grounds for sanctioning a justice $50 for each such transgression; either a corrected decision shall be issued within 10 days of the original decision or the motion shall be reconsidered after hearing. A habitual failure to follow the rules of procedure or the rules of evidence shall be grounds for impeachment. Habitual shall be defined as six times in six months.
The purpose of the latter rules is to restore reliability to the judicial system, increase public confidence in the system, and decrease the chaos abound in the system.
Superior Court Rule 9A(b)(2) shall be repealed.
Litigators shall be empowered to petition the Rules Committee for the repeal of any rule of court which impedes the administration of justice; arbitrary and capricious enforcement, non-enforcement, or abusive enforcement shall constitute impediments of the administration of justice.
No judge shall sit for more than